Although it has yet to undergo its second reading in Parliament, a state lawmaker has threatened to file a judicial review to challenge the legislation's constitutionality if adopted.
Lawyer and Kota Alam Shah assemblyperson M Manoharan said the bill's move to outlaw street demonstrations is certainly a step backwards in a" booming" democracy and he would not mind being to the first to challenge it in court if passed intact.
Another lawyer Edmund Bon, who is a campaigner for the Malaysian Centre for Constitutionalism and Human Rights, had also asked on twitter as to who will be the first willing to challenge the legislation if adopted in its original form.
Bon had described in his *twitter that section 4 of the Bill dealing with "Right to organise and participate in an assembly" as unconstitutional.
"@edmundbon #PA2011 Basically the Act kills caused based dissent by way of assemblies & carves it out of Article 10 - section 4, this is unconstitutional," he said in his tweet.
Manoharan, (right) a former Hindu Rights Action Force leader, and now with the DAP tagged the bill as not only unconstitutional but aimed at maintaining Barisan Nasional rule to prevent an "Arab Spring" uprising in Malaysia.
He said the BN has been facing tremendous pressure the past couple of years' with street demonstrations beginning with Bersih 2007, then Hindraf, the petrol price hike rally, and also Bersih 2.0 and that was why it was under pressure to outlaw street demonstrations.
"Hence, they are coming out with a law outlawing street demonstrations. This is a clear indication that they do not want Arab spring like demonstrations in Malaysia.
"It is directed at maintaining BN rule as a police state and the Home Minister will be given more powers," he said, adding he is worried at such powers being concentrated in the hands of the police and minister..
The new bill, he said is very much worse than section 27 of the Police Act and certainly a blow to Prime Minister Najib Abdul Razak's call for reform.
"What we have are more stringent laws curbing fundamental liberties on the right to assemble. What is wrong with peaceful street demos. If BN pushes ahead with the bill without reforms and lift the ban on street demonstrations, I will be the first to file a judicial review application to have it declared unconstitutional," he toldMalaysiakini.
Ambiga's warning to MPs
Former Bar Council assemblyperson Ambiga Sreenevasan has also joined in warning MPs from giving the nod to the bill in her tweet.
"@Ambiga_S Ask our MP's if they support this shameful Peaceful Assembly Bill. How will they vote in Parliament? Then we decide how we will vote in 13GE," she warned.
Bon (left) in another of his tweets also rang the alarm bell that the BN may rush to pass the law as it would do away with street protests, the main public political feature since 2007.
"@edmundbon #PA2011 So in effect Walk For Justice, Hindraf, GMI v ISA, Bersih in 07, Bersih 11, Org Asli protest in Putrajaya etc all would hv been banned," he said in his tweet.
"@edmundbon The Bill #PA2011 is being rushed to ensure no preelection rallies like those that affected Pak Lah March 2008?," he warned in another of his tweet.
On Tuesday, the Peaceful Assembly Bill was tabled for first reading in parliament by Minister in the Prime Minister's Department, Nazri Abdul Aziz.
Immediately after that it drew much criticism from Pakatan Rakyatlegislators, human rights groups and even the Malaysian Bar.
Demos banned at places of worship
Manoharan pointed out to make matters worse, the new Bill prohibits assemblies being organised at places of worship.
This move, he said would only deter people from going to such places be they temples, mosques, churches or surau for fear of being arrested.
"What is wrong with holding demonstrations after prayers and thanking god. All this would stifle democracy further," he said.
"
Maybe 50 years' on people will look at the Peaceful Assembly Bill and laugh at the stupidity in drafting it as it does not provide more rights but limit the rights of the individuals," he said.
He said demonstrations had been held in mosques after prayers and this would be a thing of the past.
He also said the definition of child in the bill was highly questionable where those below 15 would be barred from participating in an assembly.
"Under the Interpretation Act a child is defined as those below 14 with those above 14 can testify in court, while the age of majority defined as 18. Why the difference in the classification of age in the bill?" he asked, adding that this matter also needed looking into.
Lawyer and Kota Alam Shah assemblyperson M Manoharan said the bill's move to outlaw street demonstrations is certainly a step backwards in a" booming" democracy and he would not mind being to the first to challenge it in court if passed intact.
Another lawyer Edmund Bon, who is a campaigner for the Malaysian Centre for Constitutionalism and Human Rights, had also asked on twitter as to who will be the first willing to challenge the legislation if adopted in its original form.
Bon had described in his *twitter that section 4 of the Bill dealing with "Right to organise and participate in an assembly" as unconstitutional.
"@edmundbon #PA2011 Basically the Act kills caused based dissent by way of assemblies & carves it out of Article 10 - section 4, this is unconstitutional," he said in his tweet.
Manoharan, (right) a former Hindu Rights Action Force leader, and now with the DAP tagged the bill as not only unconstitutional but aimed at maintaining Barisan Nasional rule to prevent an "Arab Spring" uprising in Malaysia.He said the BN has been facing tremendous pressure the past couple of years' with street demonstrations beginning with Bersih 2007, then Hindraf, the petrol price hike rally, and also Bersih 2.0 and that was why it was under pressure to outlaw street demonstrations.
"Hence, they are coming out with a law outlawing street demonstrations. This is a clear indication that they do not want Arab spring like demonstrations in Malaysia.
"It is directed at maintaining BN rule as a police state and the Home Minister will be given more powers," he said, adding he is worried at such powers being concentrated in the hands of the police and minister..
The new bill, he said is very much worse than section 27 of the Police Act and certainly a blow to Prime Minister Najib Abdul Razak's call for reform.
"What we have are more stringent laws curbing fundamental liberties on the right to assemble. What is wrong with peaceful street demos. If BN pushes ahead with the bill without reforms and lift the ban on street demonstrations, I will be the first to file a judicial review application to have it declared unconstitutional," he toldMalaysiakini.
Ambiga's warning to MPs
Former Bar Council assemblyperson Ambiga Sreenevasan has also joined in warning MPs from giving the nod to the bill in her tweet.
"@Ambiga_S Ask our MP's if they support this shameful Peaceful Assembly Bill. How will they vote in Parliament? Then we decide how we will vote in 13GE," she warned.
Bon (left) in another of his tweets also rang the alarm bell that the BN may rush to pass the law as it would do away with street protests, the main public political feature since 2007."@edmundbon #PA2011 So in effect Walk For Justice, Hindraf, GMI v ISA, Bersih in 07, Bersih 11, Org Asli protest in Putrajaya etc all would hv been banned," he said in his tweet.
"@edmundbon The Bill #PA2011 is being rushed to ensure no preelection rallies like those that affected Pak Lah March 2008?," he warned in another of his tweet.
On Tuesday, the Peaceful Assembly Bill was tabled for first reading in parliament by Minister in the Prime Minister's Department, Nazri Abdul Aziz.
Immediately after that it drew much criticism from Pakatan Rakyatlegislators, human rights groups and even the Malaysian Bar.
Demos banned at places of worship
Manoharan pointed out to make matters worse, the new Bill prohibits assemblies being organised at places of worship.
This move, he said would only deter people from going to such places be they temples, mosques, churches or surau for fear of being arrested.
"What is wrong with holding demonstrations after prayers and thanking god. All this would stifle democracy further," he said.
"
Maybe 50 years' on people will look at the Peaceful Assembly Bill and laugh at the stupidity in drafting it as it does not provide more rights but limit the rights of the individuals," he said.He said demonstrations had been held in mosques after prayers and this would be a thing of the past.
He also said the definition of child in the bill was highly questionable where those below 15 would be barred from participating in an assembly.
"Under the Interpretation Act a child is defined as those below 14 with those above 14 can testify in court, while the age of majority defined as 18. Why the difference in the classification of age in the bill?" he asked, adding that this matter also needed looking into.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.